Recognition of ownership of housing construction
When studying civil cases, it was revealed that the private definition reflected information on another civil case by the Definition of the Abai District Court of Shymkent dated January 11, 2018, M.'s statement of claim to the akimat of Shymkent, the Shymkent city branch of the branch of the RSE "NPTsem" on recognition of ownership of housing construction was left without consideration. On the same date, a private ruling was issued, which indicated the non-appearance of the plaintiff's representative. in a court hearing, which resulted in the abandonment of the claim without consideration on the basis of subparagraph 6) of Article 279 of the CPC, as well as filing a similar claim in 2017 and leaving it without consideration on the basis of statement C. The application for leaving the claim without consideration is the plaintiff's right, therefore, the reference to filing a similar claim in another civil case is unfounded. In addition, it should be noted that the statement of claim was signed by M., therefore, after the failure to appear at the summons of his representative, the court had to take measures to notify the date of the court session of the plaintiff himself.
Recognition of ownership of housing construction
Making private rulings on the fact of contempt of court. According to the disposition of Article 653 of the Administrative Code, contempt of court is understood to mean the failure to appear in court without valid reasons of participants in the process and other persons on a summons, notice, notification or summons, when further consideration of the case in their absence seems impossible to the court, insubordination of participants in the process and other citizens to the order of the presiding judge, as well as violation of order in the courtroom and other actions (inaction) that clearly demonstrate disrespect for the court and the rules established in court. According to Article 119 of the CPC, liability measures for contempt of court are applied by the court in order to implement the constitutional principle of equality of all before the law and the court. For showing contempt of court, the perpetrators are brought to administrative responsibility in accordance with the procedure provided for in the Administrative Code. Article 120 of the CPC contains the procedure for bringing to justice for showing contempt of court, that is, if a violation was established directly at a court hearing, then the offender is immediately informed of the fact of showing contempt of court at a court hearing without removing the court to the conference room. This fact is recorded in the minutes of the court session, while no protocol on an administrative offense is drawn up. The ruling is made by the presiding judge after the end of the court session in the conference room. If there are signs of a criminal offense in the actions of a person, a resolution with supporting materials is sent to the prosecutor to organize pre-trial proceedings.
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