Private complaint against the court ruling on the refusal to restore the procedural period for filing an appeal against the court's decision in the case of deprivation of parental rights
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To the Appeals Board for Civil Cases of the Almaty
The regional court of Taldykorgan, Tauelsizdik str., 53.
From the defendant: ______________ IIN: ______________. Address: Tel.: ______________.
Proxy representative: Law and Law Law Company LLP
represented by CEO Kayshybekov Madiyar Yerbolatuly
BIN 190240029071 Almaty, 79 Abylai Khan ave., office 304.
info@zakonpravo.kz / www.zakonpravo.kz + 7 727 978 5755; +7 708 578 5758.
The plaintiff: ______________ IIN ______________. Address: ______________ Phone: ______________.
Private complaint
on the determination of the Specialized Inter-District Court for Cases of
minors No. 2 of the Almaty region dated December 20, 20___ in a civil case №______________ 07 On October 20, the Specialized Interdistrict Juvenile Court No. 2 of the Almaty region, a civil case was considered for No. _______ dated 08/07/20__ as part of the presiding judge ______________., at the secretary of the court session ______________ ., with the participation of the prosecutor of the Karasai district Prosecutor's Office ______________., representative of the guardianship and trusteeship body at the Bostandyk district Department of Education Almaty representative ______________., The plaintiff ______________., The defendant ______________., having considered in a closed court session with the use of audio-video recording of the civil case on the Claim ______________., to the Defendant ______________ on the deprivation of parental rights, the Court decided: Gabdullina's claims ______________ to the Defendant ______________ about the deprivation of parental rights - to satisfy. On 18.12.20__ through the electronic portal "Judicial Cabinet/IP "Torelik" we have filed an appeal against the decision of the Specialized Inter-district Juvenile Court No. 2 of the Almaty region dated October 07, 20__ in a Civil case №______________.
Subsequently, we called the judge to find out about the progress of the consideration of the Petition for the restoration of the procedural time limit for filing an appeal, the judge's secretary replied that the judge had not yet set a date for the hearing. Subsequently, we were informed that the judge on December 20, 20__ issued a ruling on the return of the appeal to the defendant. After that, we found this definition through the "search for court cases" section of the Judicial Cabinet electronic portal./IP "Torelik". However, after the appeal was filed, we did not receive any ruling and we did not receive a notice of the judge. In accordance with Article 271 of the Civil Procedure Code of the Republic of Kazakhstan, copies of the court ruling on suspending or terminating the proceedings or leaving the application without consideration are sent to the parties and other persons participating in the case who did not appear at the court session no later than five working days from the date of the final ruling using communication means that ensure its receipt.
Private complaint against the court ruling on the refusal to restore the procedural period for filing an appeal against the court's decision in the case of deprivation of parental rights
Thus, December 20, 2019, judging by ______________., Specialized Inter-district Juvenile Court No. 2 of the Almaty region, having considered in open court the application of the defendant's representative ______________. by proxy ______________. on the restoration of the time limit for appealing the decision of the Specialized Inter-District Juvenile Court No. 2 of the Almaty region dated August 07, 20__ in a civil case on a claim ______________ to ______________ about the deprivation of parental rights, THE court DETERMINED: In satisfaction of the statement of the representative of the defendant ______________. By proxy ______________. on the restoration of the deadline for filing an appeal against the decision of the Specialized Interdistrict Juvenile Court No. 2 of the Almaty region dated August 07, 2019 in a civil case on a claim ______________ to ______________ about the deprivation of parental rights the right is to refuse. We do not agree with the ruling of the Specialized Inter-District Juvenile Court No. 2 of the Almaty region dated December 20, 20__, we consider it unjustified and subject to cancellation.
The judge motivates his ruling as follows: "By the decision of the Specialized Inter-District Juvenile Court No. 2 of the Almaty region dated August 07, 2019 in the above-mentioned case ______________ He was deprived of parental rights in relation to his minor son. ______________, April 26, 20__ year of birth. Representative of the defendant ______________. – Kayshybekov M.E. appealed to the court with a request to restore the deadline for filing an appeal against the court's decision in this case. The parties to the case did not appear at the court hearing to consider this application, but were notified." Dear Board of Appeal, the judge's arguments are untenable, as it is necessary to pay attention to the following facts: 1. We filed the appeal through the "Judicial Office/IP "Torelik", accordingly, the judge had to send the decision on the return of the appeal to the defendant through the "Judicial Office/IP "Torelik" and/or other means of communication specified in the Request for reinstatement. 2. We filed an appeal against the decision of October 07, 20__, and not of August 07, 20__, as indicated by the judge in his ruling on the return. This fact speaks to the inattention of the judge and the negligent treatment of the case, since in reality we were not invited to the trial. We believe that the judge intentionally issued a ruling on the return of the appeal, citing unfounded arguments in order to prevent the case from being considered by the Appeals Board for Civil Cases of the Almaty Regional Court.
We also believe that the judge did not specifically send the ruling on the return of the appeal to us through the "Judicial Office."/IP "Torelik", or at least by mail, so that we miss the deadline for filing a private complaint against the decision to return the appeal. All this is explained by the fact that the Plaintiff's claims and the decision of the court of first instance are considered illegal, unjustified and subject to cancellation on the following grounds: In accordance with Article 27 of the Constitution of the Republic of Kazakhstan, Marriage and family, motherhood, fatherhood and childhood are protected by the state. Taking care of children and their upbringing is the natural right and responsibility of parents. According to Article 75. The Code of the Republic of Kazakhstan on Marriage (Matrimony) and the family "Deprivation of parental rights" stipulates that Parents are deprived of parental rights if they: evade the duties of parents, including maliciously evade the payment of alimony, which was not taken into account and studied by the court. The Plaintiff motivates his arguments by the fact that the Plaintiff and the Defendant entered into a registered marriage on July 22, 20__, according to the certificate and record of the dissolution of the marriage dated October 24, 20__ for No. __- marriage between __________ and ______________ was - terminated. Have a minor child from a joint marriage ______________ dated August 09, 20__ year of birth. According to the Certificate and the birth certificate of the child for №______________, Where the father is ______________, And the mother is ______________.
The Plaintiff also claims that the Defendant ______________. he evades fulfilling his parental duties towards the child, does not provide financial assistance, does not take care of his health, does not educate him, does not provide normal living conditions necessary for physical, mental, moral and spiritual development. Thus, the Plaintiff claims that the defendant, knowing for certain that he has a minor child, does not participate in his upbringing and maintenance, thereby he intentionally evades fulfilling his parental duties. The defendant, having shown such inaction for several years, transferred the entire burden of maintaining and raising the child to the Plaintiff, who, to this day, provides the child with everything she needs. We fundamentally disagree with the Plaintiff's arguments, since they have no confirmation other than the words of the Defendant's own testimony given at the hearing, since the Defendant never refused to fulfill his obligations unless the Plaintiff herself prevented him from doing so. Thus, if we give a psychological portrait, then the defendant ______________ ______________ year of birth, has a higher education, graduated from the D. Konaev University in Moscow. Almaty, majoring in Economics, Accounting and Auditing, married, has a minor son from his second marriage ______________ born in 1986, he works at Kaspi Bank JSC as Head of the Card Operations Monitoring Department, is a leading specialist in fraud prevention, for his good work He has been repeatedly awarded certificates of appreciation from the management, he has not previously been convicted of drug treatment or neuropsychiatric dispensary registration., has a permanent place of residence in real estate acquired with a Mortgage (Faithfully fulfills its contractual obligations) in confirmation of the above arguments, the appendix contains relevant certificates from authorized bodies. To date, the Defendant has been regularly fulfilling his obligations to pay Alimony in accordance with the court decision, which was received on November 30, 20___. We inform the Court that after the birth of a child from a joint marriage ______________ ,
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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