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Recovery of material damage and compensation for moral damage

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

Recovery of material damage and compensation for moral damage

The issuance of a private ruling in a civil case on the claim of IP R. to the State State Revenue Administration for the city of Aktobe on the recovery of illegal decisions, recovery of material damage and compensation for moral damage to an improper person served as the basis for its amendment on appeal. Thus, the court of first instance established that the State Institution "Department of Architecture and Urban Planning of Aktobe" conducted a field trip through the city streets to identify outdoor visual advertising installed without passing through licensing procedures, and revealed the presence of an advertising structure by IP R. at the address: Az-Nauryz Street, 19 "a".  In this regard, the State Revenue Department issued a notice against the plaintiff on the repayment of tax arrears and penalties, whereas no rights were registered to the above-mentioned object from the information of the registering authority, and the plaintiff is the owner of the object at the address: Alys Lane, 19 "a".

This circumstance was recognized by the court of first instance as the basis for issuing a private ruling to the Department of State Revenue for the Aktobe region. The Judicial Board for Civil Cases of the Aktobe Regional Court, changing a private definition, indicated that the departure was carried out by officials of the Department of architecture, who provided false information about the owner of the premises on which outdoor advertising is installed. Therefore, the appellate instance brought the private definition to the attention of the State Institution "Department of Architecture and Urban Planning of Aktobe". 

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On the review of paragraph 2 of Article 951 of the Civil Code of the Republic of Kazakhstan (Special Part) dated July 1, 1999 and paragraph 9 of the normative Resolution of the Supreme Court of the Republic of Kazakhstan dated November 27, 2015 No. 7 "On the application by courts of legislation on compensation for moral damage" for compliance with the Constitution of the Republic of Kazakhstan

On the review of paragraph 2 of Article 951 of the Civil Code of the Republic of Kazakhstan (Special Part) dated July 1, 1999 and paragraph 9 of the normative Resolution of th...

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