Recognition of the transaction as valid | Conclusion of a settlement agreement

In March 2020, an oral agreement was reached between the plaintiff and the defendant to conclude an agreement on the payment of alimony for the maintenance of the minor son of E.M.I., born on 03/19/2005. According to the terms of this agreement, the defendant assumed an obligation that, in order to pay child support, he would transfer to me ownership of a half share in real estate located at the address: city of Zhitikara, microdistrict .., house .., apartment 55 and a half share in real estate located at the address: city of Zhitikara, street ..., house ... The plaintiff, in turn, assumed obligations that after the above actions of the defendant were committed, the Plaintiff would not subsequently collect alimony from the defendant for the maintenance of his son E.M.I. and would grant the defendant permission to leave for permanent residence in the Russian Federation. On July 28, 2020, pursuant to the agreement, the defendant transferred to the Plaintiff a half share in the joint ownership in the form of an apartment located at the address: g. Gitikara, .... On the same day, the defendant had to transfer to the Plaintiff a half share in the joint ownership in the form of an apartment building located at the address: Zhitikara, ul. ..., 9. However, when making a purchase and sale transaction for an apartment building at the address: Zhitikara, ul. ..., 9 in the NAO "State Corporation "Government for Citizens" revealed a discrepancy in the title documents, and therefore the agreement in this part was not executed. On July 28, 2020, the defendant began to persistently ask the Plaintiff to give him consent to leave for permanent residence in the Russian Federation. At the same time, he promised me that after he left for the Russian Federation, he would transfer a half share to me at the address: Gitikara, ul. ..., 9. The plaintiff took his word for it and on 07/30/2020 she gave consent to leave for permanent residence. To date, the defendant has not fulfilled his obligation, disconnected the phone number known to the Plaintiff, and it was not possible to establish his location. The defendant himself does not get in touch. The plaintiff sent a proposal to the defendant's last known place of residence, however, a response was received that was not written by the defendant and not signed by him. I'm 100% sure of that.

Recognition of the transaction as valid | Conclusion of a settlement agreement

According to Article 157 of the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family", "An agreement on the payment of alimony (amount, conditions and procedure for the payment of alimony) is concluded between the person who is obliged to pay alimony and their recipient, and in case of incapacity of the person who is obliged to pay alimony and (or) the recipient of alimony - between the legal representatives of these individuals." According to Article 157 of the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family" - "An agreement on the payment of alimony is concluded in writing and is subject to notarization. Failure to comply with the form of the alimony payment agreement established by law entails consequences provided for by the norms of the Civil Code of the Republic of Kazakhstan." According to Part 2 of Article 154 of the Civil Code of the Republic of Kazakhstan, "If a transaction requiring notarization is actually executed by the parties or one of the parties, its content does not contradict the law and does not violate the rights of third parties, The court has the right to recognize the transaction as valid at the request of the interested party. In this case, subsequent notarization of the transaction is not required." The fact of the conclusion between me and the defendant of an agreement on the payment of alimony is confirmed by the following documents: the decision of the Zhitikarinsky district Court of 28.09.2018, according to which Evert M.I. he will live with me, the defendant's proposal dated 03/11/2020, according to which he offered me to transfer to my name, on account of the payment of alimony, a half share in the common joint property, a power of attorney from the defendant addressed to I.B.B., a notification of state registration dated 07/29/2020, a purchase and sale agreement for a half share of the apartment dated 07/28/2020, a notary's response dated 01/19/2021, according to which an exit permit was issued to the defendant on 07/30/2020. I believe that when concluding the agreement between me and the defendant, all the essential conditions and requirements for this transaction were met, the agreement does not contradict the laws and it does not violate the rights and interests of third parties. In accordance with Part 2 of Article 155 of the Civil Code of the Republic of Kazakhstan, if one of the parties evades the state registration of a transaction, the court has the right, at the request of the other party, to make a decision on registration of the transaction. In this case, the transaction is registered in accordance with the court decision. Based on the above, the court was asked to: - Recognize the alimony payment transaction (agreement) between E.I.I. and E.N.I. valid. To recognize for E.N.I. the ownership right to a half share in real estate in the form of a residential building with a plot of land located at the address: the city of Gitikara, street ...., house 9, owned by E.I.I. On April 30, 2021, the Zhitikarinsky District Court of the Kostanay region, consisting of the presiding judge Aizhanova Zh.N., with the secretary of the court session Ismagulova G.Z., with the participation of a representative of the plaintiff Nigmetov S.D., a representative of the defendant V.V.A., having considered in open court the civil case on the claim of E.N.I. to E.I.I. for recognition the transaction is valid. E.N.I. applied to the court with a statement of claim against the defendant E.I.I. for recognition of the transaction – an agreement on the payment of alimony for the maintenance of a minor child as valid. During the court session, the representative of the defendant, V.V.A., requested time to discuss the terms of the settlement agreement with the plaintiff. On April 30, 2021, at a court hearing, representatives of the parties submitted to the court for approval a settlement agreement concluded by the parties on the settlement of the dispute on a voluntary basis. According to the submitted settlement agreement, the parties entered into a settlement agreement on the following terms: 1) The plaintiff waives the claims against the defendant for recognition of the transaction as valid. 2) The plaintiff undertakes not to apply to the court with a claim to the defendant for the recovery of alimony for the maintenance of his minor son E.M.I., born on March 19, 2005, until he reaches the age of majority. 3) The plaintiff refuses to recover from the defendant the costs of the representative's assistance and the state fee. 4) The defendant, in turn, undertakes within three months to take a half share in the immovable property at the address: Gitikara, ul. .., house 9, transfer ownership of the plaintiff and provide her with title documents for registration of the above-mentioned real estate in the Department of the Zhitikarinsky district and the Land Cadastre of the Branch of the non-profit joint-stock company "State Corporation "Government for Citizens" in the Kostanay region. 5) The defendant refuses to recover from the plaintiff the costs of the assistance of the representative. At the hearing, representatives acting in the interests of the parties confirmed the terms of the settlement agreement and asked for its approval. Having studied the submitted settlement agreement, the court concludes that the terms of this agreement do not contradict the law, do not violate the rights and legitimate interests of the parties and third parties, and therefore, the settlement agreement may be approved by the court and the proceedings terminated on the basis of subparagraph 5) of Article 277 of the Civil Procedure Code of the Republic of Kazakhstan. (hereinafter referred to as the CPC). The consequences of the termination of the proceedings provided for in Article 278 of the CPC were explained to the parties. According to Part 3 of Article 278 of the CPC, when terminating proceedings on the grounds provided for in subparagraph 5) of Article 277 of the CPC, the court in its ruling indicates the refund of the state fee in accordance with the requirements of Article 107 of the CPC.

Recognition of the transaction as valid | Conclusion of a settlement agreement

In this regard, by virtue of subparagraph 3) of paragraph 1 of Article 108 of the Code of the Republic of Kazakhstan "On Taxes and other mandatory payments to the budget", the plaintiff is subject to a refund of the state duty in the amount of 11,900 tenge. Guided by articles 175-178, 268-269, 277-278 of the Civil Procedure Code of the Republic of Kazakhstan, the court DETERMINED: To approve the settlement agreement concluded between the plaintiff E. N.I. and the defendant E.I.I. To terminate the civil proceedings on the claim of E.N.I. to E.I.I. for recognition of the transaction as valid. Explain to the parties that in case of termination of the proceedings, a second appeal to the court on a dispute between the same parties, on the same subject and on the same grounds is not allowed. Explain to the parties that in case of non-fulfillment of the terms of the settlement agreement, the interested party has the right to submit it for enforcement. To return to the plaintiff E.N.I. the state fee in the amount of 11,900 (eleven thousand nine hundred) tenge.

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