Petition to the court for restoration of the limitation period and to recognize the reasons for missing the limitation period as valid
To the district court No. 2 of Almaly district of Almaty
267 Tole bi Street, Almaty.
8 (727) 333-11-60.
Plaintiff: Ia A. Berdirahmankyz
IIN: .....
Place of residence: 1480 ..... .....
.....
Representative by proxy:
Law and Law Law Firm
BIN 201240021767
79 Abylai Khan Ave., office 304, Almaty.
info@zakonpravo.kz / www.zakonpravo.kz
+ 7 727 971 78 58; +7 708 971 78 58.
THE PETITION
on the restoration of the statute of limitations
IA Berdirahmankizi (Hereinafter referred to as the Plaintiff) applies to the court with a claim for the protection of honor, dignity and business reputation against the defendant Effective Media Liaisons LLP (hereinafter referred to as the Defendant), where he asks to oblige the defendant to remove all publications specified in the claim. However, the publications mentioned in the lawsuit were published on the website tengrinews.kz , owned by the defendant, dated from 2015 to 2020.
Accordingly, the Plaintiff applies to the court with a motion to restore the limitation period established by the legislation of the Republic of Kazakhstan for claims against the media, namely to the defendant.
According to paragraph 6 of Article 38 of the Law of the Republic of Kazakhstan "On Mass Media", the limitation period for claims related to the dissemination of information discrediting the honor, dignity and business reputation of a citizen is one year from the date of publication of such information in the media.
The controversial publications on the defendant's website are dated from 2015 to 2020. However, the plaintiff actually found out about the existence of these publications only in 2023 under circumstances that are beyond her control and objectively prevented the timely protection of violated rights.
From 2021 to 2023, the plaintiff's official Instagram account, which is the main channel of her professional activity, was hacked by unidentified persons. Defamatory information about her was distributed from the hacked account, false and offensive materials were published, which caused extremely serious consequences for her mental and emotional state and professional reputation. During the period of clarifying the circumstances of the hacking and attempts to restore access to the account in 2023, the plaintiff first discovered the defendant's publications. Tengrinews.kz containing false information and illegally posted images, which caused her additional stress and shock.
There was no response to the plaintiff's repeated requests to the defendant in 2023 to remove the materials. Over time, due to the severe psychological condition caused by account hacking, loss of the main source of income, defamatory actions of third parties and lack of support, the plaintiff was in a state of severe emotional crisis and depression for a long time. It was only by the end of 2023 that she managed to regain access to her account and gradually stabilize her condition.
It was only at the end of 2025, having accumulated financial resources and restored her health, that the plaintiff was able to seek legal assistance and initiate judicial protection of her violated rights. Given that the plaintiff has been living in the United States for a long time and does not have legal knowledge of the statute of limitations provided for by the Law of the Republic of Kazakhstan "On Mass Media", she objectively could not have known about the need to go to court within one year from the date of publication. In addition, the plaintiff does not have special legal knowledge, and therefore was not aware of the existence of a shortened one-year limitation period established by paragraph 6 of Article 38 of the Law of the Republic of Kazakhstan "On Mass Media".
185 of the Civil Code of the Republic of Kazakhstan (hereinafter referred to as the Civil Code), in exceptional cases, when the court recognizes a valid reason for missing the limitation period due to circumstances related to the plaintiff's personality (serious illness, helplessness, illiteracy, etc.), the violated citizen's right is subject to protection. In judicial practice, valid reasons are circumstances that objectively prevent timely appeal to the court and do not depend on the will of the plaintiff.
In this case, the combination of circumstances — hacking of the official account, prolonged dissemination of defamatory information by third parties, severe mental and emotional condition, loss of the main tool of professional activity, lack of access to information and lack of legal knowledge — indicates the presence of valid grounds that prevented the timely filing of a claim.
The plaintiff immediately took action to protect her rights as soon as her condition and objective circumstances allowed.
Based on the above, guided by Article 185 of the Civil Code of the Republic of Kazakhstan,
I ASK THE COURT:
· To recognize the reasons for the plaintiff's omission of the statute of limitations, and to accept Berdirakhmankyz as valid;
· To restore the statute of limitations for filing claims against Effective Media Liaisons LLP in connection with the dissemination of information about the plaintiff and Berdirakhmankizi that does not correspond to reality.
With respect,
Representative by proxy: Kenesbek I.M.
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