Petition for clarification of the judicial act on the fact of applying to the court
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Specialized Inter-district Court for
juvenile affairs of Almaty Plaintiff: B.......a N............. l T............ Ah,
08.10.19.. born in Almaty, Zharokova str., d....., kv15, (registered
at: ul..........., 140, 353 sq.m.), IIN: 8....................
Plaintiff's representative by proxy: Galymzhan Turlybekovich Sarzhanov,
IIN 850722301036, Almaty, Medeu district, 050002,
79 Abylai Khan Ave., office 304. tel.: + 7 708 578 57 58 info@zakonpravo.kz / www.zakonpravo.kz
Defendant: Z........... Oh M............ M. Georgievich,
Born on 07/15/1988 in Almaty, 41....... street (registered) IIN: 8........7 phone: + 7 999 ..................
Third party: Bostandyk District Department of Education of the Almaty City Department of Education
pr. Gagarina, 311
The petition
on the clarification of the judicial act on the fact of applying to the court
Earlier, we sent a Statement of Claim for the deprivation of parental rights to the Specialized Interdistrict Juvenile Court in Almaty, which was registered under the incoming №....................... However, on July 22, 20..... of the year, you our statement of claim for the deprivation of parental rights was reviewed, where you determined: Statement of claim B........... i n.....l .................. to Z.............co M.............u Georgievich on the deprivation of parental rights, together with the attached documents, should be returned to the plaintiff. In accordance with paragraph 2 of art. 152 of the Civil Procedure Code of the Republic of Kazakhstan provides that in the case of the return of a statement of claim, the judge issues a ruling indicating which court the person should apply to if the case is beyond the jurisdiction of this court, or how to eliminate the circumstances preventing the initiation of a civil case.
Petition for clarification of the judicial act on the fact of applying to the court
Guided by Articles 237. of the CPC RK, "Clarification of the decision", where it is stipulated: in case of ambiguity of the decision, the court that reviewed the case has the right, at the request of the persons participating in the case, as well as at the request of the bailiff, to clarify the decision without changing its content. Clarification of the decision is allowed if it has not yet been enforced and the time period during which the decision can be enforced has not expired. The court considers and resolves the application, the petition for clarification of the decision within ten working days from the date of their receipt in court.
The issue of explaining the decision is resolved by the court in a court session. The persons participating in the case, as well as the bailiff, in cases where the subject of consideration and resolution is his request for clarification, are notified of the time and place of the court session, however, their failure to appear is not an obstacle to consideration of the issue of clarification of the decision. A private complaint may be filed against the court's ruling on clarification of the decision, or a petition may be filed by the prosecutor with the court of appeal, whose decision is final. As well as the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated July 11, 2003 No. 5. "On the court decision", Chapter 22 of the CPC RK "COURT RULING". On the grounds of the above and in accordance with Articles 152, 237 of the CPC RK, I ASK THE COURT:
Give a written explanation of the Definition you adopted on July 22, 20... year of return, a statement of claim for the deprivation of parental rights that was registered under the incoming №...........................;
What is the procedure for applying to the courts of the Russian Federation, the Plaintiff, a citizen of the Republic of Kazakhstan, for the deprivation of parental rights of the Defendant, a citizen of the Republic of Kazakhstan permanently residing in the territory of the Russian Federation;
To respond to the application within the prescribed time limits.
Petition for clarification of the judicial act on the fact of applying to the court
Sincerely, Proxy representative: _________________/ Sarzhanov G.T. "___"___________20.... the year
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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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