Pre-trial claim for dog training services
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 a Lawyer/Lawyer by phone; +7 (708) 971-78-58; +7 (727) 971-78-58.
B.F.B. Almaty region, K. district, G.K. ul..... 20 sq.m.39
from: A.N.Z. IIN ........ Almaty, ul........... D. 56. 8-705-................
Proxy representative: Law and Law Law Company LLP
BIN 190240029071 Almaty, 79 Abylai Khan ave., office 304
info@zakonpravo.kz / www.zakonpravo.kz
+7 700 978 50 85, + 7 727 978 50 85
PRE-TRIAL CLAIM
On December 5, 2020, you and I, B.F.B., signed an oral agreement on the provision of dog training services. After that, I invited you to my house to train my dog. On 12/06/2020, you came to my house and did your job training my dog and offered me favorable discounts, so you received 2 months in advance in advance, and I paid you 40,000 tenge in cash. You have dictated to me your subscriber number 8-707-385-72-93 registered in the application "Kaspi.kz " in the name of Mary J. referring to the fact that your card is blocked and I transferred the specified amount of money to you through the application. However, you haven't given me any receipt at this time. Although you were engaged in entrepreneurial activity. On 12/14/2020, you came to my house again and did your job training my dog, you also offered to pay in advance, luring me with good discounts, for which I paid you 30,000 tenge by transfer through the application "Kaspi.kz " to the above number. On 02.01.2021, you came to my house again and did your job training my dog, for which I paid you 10,000 tenge by transfer through the application "Kaspi.kz " to the above number. After these classes, you also never gave me a receipt for my payment for your activities. You should have provided me with more than 25 classes, but you provided no more than 5 training sessions for my dog. After that, you promised to return the remaining funds to me, but you did not return the funds to me in the amount of 60 00 tenge.
In this regard, we have a suspicion of the illegality of activities without forming a legal entity and/or paying mandatory taxes on profits. Whereas Article 4 of the Tax Code stipulates that the tax legislation of the Republic of Kazakhstan is based on the principles of taxation established by this Code. The principles of taxation include the principles of obligation, certainty of taxation, fairness of taxation, integrity of the taxpayer, unity of the tax system and transparency of the tax legislation of the Republic of Kazakhstan. And also art . 31 of the Tax Code states that a taxpayer's obligation to the state is recognized as a tax obligation arising in accordance with the tax legislation of the Republic of Kazakhstan, by virtue of which the taxpayer is obliged to perform the actions specified in paragraph 2 of Article 36 of this Code. The state, represented by a tax authority, has the right to require a taxpayer (tax agent) to fulfill his tax obligation in full, and in case of non-fulfillment or improper fulfillment of a tax obligation, apply methods to ensure it and measures of enforcement in accordance with the procedure established by this Code. You are currently not fulfilling your obligations.
A violation of an obligation is understood as its non-fulfillment or improper fulfillment, which contradicts Article 349 of the Civil Code of the Republic of Kazakhstan, which is unacceptable according to Article 272 of the Civil Code of the Republic of Kazakhstan. Due to your failure to fulfill your obligations, we have the opinion that your actions are aimed at seizing the amount of money by deception and abuse of trust. Which contradicts the norms of Article 190 of the Criminal Code of the Republic of Kazakhstan. Thus, you are causing me real material and moral harm. We hereby invite you to voluntarily return funds in the amount of 60,000 tenge to the Lender by December 30, 2021 and representative expenses in the amount of 100,000 tenge. If you do not return the funds within the specified period, we reserve the right to take this matter to court. As well as to recover the amount of material (losses and penalties, Article 351 of the Civil Code of the Republic of Kazakhstan) and moral damage, as well as representative services and/or to contact law enforcement agencies upon fraud. According to paragraph 1 of Article 113 of the Civil Procedure Code of the Republic of Kazakhstan, at the request of the party in whose favor the decision was made, the court awards, on the other hand, the costs incurred by her to pay for the assistance of a representative (several representatives) who participated in the process and is not in an employment relationship with this party, in the amount of the costs actually incurred by the party. For property claims, the total amount of these expenses should not exceed ten percent of the satisfied portion of the claim. According to non-property requirements, the amount of expenses is collected within reasonable limits, but should not exceed three hundred monthly calculation indices. 152 and 279 of the Civil Procedure Code of the Republic of Kazakhstan and Article 402 of the Civil Code of the Republic of Kazakhstan, stipulating that the judge returns the statement of claim, and the court leaves the statement of claim without consideration if the plaintiff fails to comply with the pre-trial procedure established by law for this category of cases, the mandatory procedure for preliminary pre-trial dispute resolution and the possibility of this procedure is not lost and preserved. We hope for your mutual understanding and that our further cooperation with you will continue on mutually beneficial and mutually acceptable terms.
Sincerely, Representative by proxy ________/ Nurlanov N.N.. "___"____________2021 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.
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