Private complaint against the court ruling on interim measures
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The Board of Appeal for Civil and Administrative
cases of the Almaty City Court
Almaty, 050000, Kazybek Bi street, 66. 0201@sud.kz
from the Defendant: N.M.M. IIN..
Proxy Representative: Law and Law Law Firm
BIN 201240021767 Almaty, 79 Abylai Khan ave., office 304.
info@zakonpravo.kz / www.zakonpravo.kz + 7 727 978 5755; +7 708 578 5758.
Private complaint
on the ruling of the court dated May 06, 2022
On May 06, 2022, Judge K.B. Salykbayev of the Bostandyk District Court of Almaty, having considered the Civil Case No. 7514-22-00-2/2427 dated 05.05.2022 and the petition of the plaintiff Azamat Rakhmanov (hereinafter referred to as the plaintiff) to E.J., N.M.M. (hereinafter referred to as the defendant) for the recovery of funds, the Judge Determined - The Petition To satisfy the plaintiff about securing the claim. Dear Court, we do not agree with the definition, as it does not correspond to any morality and the meaning of the law. In this case, there was a joint business activity between the parties, as a result of which agreements were concluded regarding the property, where the Plaintiff himself acknowledges in the interrogation protocol dated 04/24/2018 on signing the contract dated 03/28/2016, which is the subject of the dispute. In civil law relations, each party must fulfill its obligations under the contract, and the defendant's contractual obligations have been properly fulfilled. In addition, according to the above-mentioned fact, the Plaintiff has repeatedly contacted law enforcement agencies regarding embezzlement, fraud, etc.e in order to bring the Defendant to criminal liability, however, the pre-trial investigation authorities terminated the criminal case every time after the investigative actions were carried out, as evidenced by the Decisions of the Investigators.
According to the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated January 12, 2009 No. 2, on the adoption of interim measures in civil cases, and in accordance with Article 155 of the CPC, the plaintiff must indicate in the application specific arguments that failure to take interim measures may make it difficult or impossible to enforce the judicial act. However, we believe that the Plaintiff did not provide exhaustive arguments for taking Interim Measures, but limited himself to well-known arguments, in addition, the Plaintiff's arguments in this case are not justified and legitimate, while the Defendant fulfilled his obligations. The defendant, N.M.M., is an active Notary Public who has contractual obligations with other legal entities and individuals, as well as obligations to pay salaries and transfer pension, social and other deductions. Accordingly, we consider the imposition of interim measures on the current account of a private enterprise organization to be directly contrary to the concept of the President of the Republic of Kazakhstan on supporting small and medium-sized businesses.
Private complaint against the court ruling on interim measures
In addition, the court needs to pay attention to the statute of limitations, given the date on which the Lawsuit was filed, more than 6 years have passed and we believe the Plaintiff missed the statute of limitations. The limitation period is the period of time during which a claim may be satisfied that has arisen from violations of a person's right or a legally protected interest, and the limitation periods and the procedure for calculating them are provided for by law and cannot be changed by agreement of the parties in accordance with art. 177 of the Civil Code of the Republic of Kazakhstan. According to civil law agreements and contractual obligations concluded in business activities, Article 178 of the Civil Code of the Republic of Kazakhstan applies, which stipulates that the total limitation period is set at three years. And according to article 179 of the Code Application of the limitation period, the limitation period is applied by the court only upon the application of the party to the dispute, made before the court's decision. By virtue of Article 13 of the Constitution of the Republic of Kazakhstan, everyone has the right to defend their violated or disputed rights, freedoms or legally protected interests.
In accordance with Article 8 of the CPC, everyone has the right to apply to the court for protection of violated or disputed constitutional rights, freedoms or protected interests. For the purpose of a comprehensive, complete and objective consideration of the said civil case, the court will be provided with evidence that may affect the content of the decision. The Universal Declaration of Human Rights (articles 7, 8 and 10), the International Covenant on Civil and Political Rights (article 14) and the Convention for the Protection of Human Rights and Fundamental Freedoms (article 6) establish that everyone is equal before the law and the courts and that everyone has the right to a fair trial in determining their civil rights and duties. and the public hearing of the case within a reasonable time by a competent, independent and impartial court established by law. According to art . 161 of the CPC RK, where a private complaint can be filed against rulings on the issues of securing a claim, a petition has been brought by the prosecutor to the court of appeal, whose decision is final. On the grounds of the above and guided by art. 161 of the CPC RK,
I ask the court
To cancel the ruling of Judge S.K.B., Bostandyk District Court of Almaty dated May 06, 2022.
Sincerely, Representative by Proxy Lawyer: _________/Sarzhanov G.T. "___"___________2022 G.
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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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