Private complaint against the court ruling on the return of the statement of claim

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The Board of Appeal for Civil Cases of the Almaty Regional Court.

53A Nursultan Nazarbayev Ave., Taldykorgan +7 728 255 87 56 .

The plaintiff: ........... IIN ............. Almaty region, Enbekshikazakh district,

Issyk, S........., ul. ......, 14A. +7 702 ........

Proxy representative: Law and Law Law Company LLP

BIN 190240029071. Almaty, 79/71 Abylai Khan ave., office 304.

info@zakonpravo.kz / www.zakonpravo.kz + 7 727 971 78 58; +7 708 971 78 58.  

Private complaint

on the Ruling of the Talgar District Court of the Almaty region dated July 29, 2021

On July 29, 2021, the judge of the Talgar District Court of the Almaty region, A....... H.B., having considered the statement of claim ....... to .......... on the recognition of the contract of sale as invalid, The Court Determined - The Statement of Claim ........... to .......... if the purchase and sale agreement is declared invalid, return it. The court found that the Plaintiff had not paid the state fee in full, but had paid 1,458 tenge, while the state fee was charged from claims filed with the court for invalidation of transactions as property claims, that is, from the market value of the property. We disagree with the arguments stated in the Court Ruling of July 29, 2021. We consider the Ruling of the court of first instance to be illegal, unjustified and subject to cancellation on the following grounds:

Private complaint against the court ruling on the return of the statement of claim

           In the lawsuit, the Plaintiff demands to recognize the contract No. 2372 for the purchase and sale of a share of an apartment building with a land plot for real estate located at the address: Almaty region, Talgar district, Belbulak rural district, Belbulak village, M. Arifova str., house no. ... - invalid since the Defendant has not paid the Plaintiff since the conclusion of the contract to this day. the amount in the amount of 6,500,000 tenge, which are stipulated in the contract. According to clauses 7, 1, art. 610 of the Code of the Republic of Kazakhstan "On Taxes and other mandatory payments to the Budget (Tax Code)", where from statements of claim submitted to the court, statements of special claim proceedings, statements (complaints) in cases of special proceedings, applications for a court order, applications for the issuance of a duplicate writ of execution, applications for the issuance of writ of execution for compulsory The state fee is charged in the following amounts for the execution of decisions of arbitration and foreign courts, applications for the reissue of copies of judicial acts, writ of execution and other documents: from statements of claim for the amendment or termination of the lease agreement, for the extension of the inheritance period, for the release of property from seizure and from other statements of claim of a non-property nature or not subject to assessment - 0.5 MCI. Thus, we consider the ruling of the court of first instance to be unjustified, since the law explicitly stipulates that the claims of a non-property claim provide for the payment of a state fee in the amount of 0.5 MCI, which was paid by us. It is also important to note that this is the third time we have filed this claim. When we filed this lawsuit for the first time, on July 2, 2021, the Judge of the Talgar District Court of the Almaty region....... H.B. examined the statement of claim .............. to ................. regarding the recognition of the purchase and sale agreement as invalid, the Court determined that the statement of claim should be returned .... Z.I., since the Court found that the case file did not contain a power of attorney issued to the Plaintiff's representative, N.N. Nurlanov, to sign and file a claim. However, we have attached all legitimate powers of attorney and powers of attorney to the statement of claim. Thus, realizing that the Court had issued a ruling without carefully examining the case materials, we resubmitted this statement of claim.

But no, Judge Abdigulov H.B., is convinced of his correctness, and on July 16, 2021, Judge of the Talgar District Court of the Almaty region, H.B. Abdigulov, having considered the statement of claim ....... Zamira Islamovna to .......... Rakhima Anvarovna on the recognition of the contract of sale as invalid, Determined - to return the statement of claim ....... Z.I., since the Court found that the Plaintiff ............ and Z.I. issued a power of attorney to represent interests in court to Law Company Law and The right." The specified power of attorney does not have the right to transfer trust to a third party. In this regard, the case file does not contain a power of attorney issued to N.N. Nurlanov by the plaintiff to sign and file a claim. Dear Court of the Appeals Board, we are saddened by the carelessness and illiteracy of the Judge of the Talgar district, H.B. Abdigulov, and we believe that a violation of the principles of civil proceedings, depending on its nature and materiality, entails the cancellation of judicial acts. If you and the Court of First Instance are Abdigulov H.B., carefully study the power of attorney issued by the Plaintiff .......... Z.I., dated 05.05.2021, then make sure that this power of attorney is issued with the right of transfer. Accordingly, the transfer of trust issued by the Law and Law Law Company LLP to N.N. Nurlanov is legitimate and has been applied to our long-term legal practice repeatedly. According to paragraph 2 of Article 280 of the CPC of the Republic of Kazakhstan, a private complaint may be filed against a court ruling, and a petition may be filed by the prosecutor with the court of appeal, whose decision is final. In accordance with Part 1 of Article 429 of the CPC RK, a private complaint may be filed against the ruling of the court of first instance in the cases provided for by this Code, as well as in cases where the court ruling blocks the possibility of further movement of the case, and a petition may be filed by the persons specified in Article 401 of this Code. Based on the above and in accordance with Articles 280, 429 of the CPC RK,  

I ask the Court:  

The ruling of the Talgar District Court of Almaty region dated July 29, 2021 – to cancel;

To send the civil case to the Talgar District Court of the Almaty region for consideration on the merits.

Sincerely, Proxy Representative:                              ________/Sarzhanov G.T. "___"___________2021 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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