Response to a claim for damages
Attention! The Law and Law Law Firm draws your attention to the fact that this document is basic and does not always meet the requirements of a specific situation. Our lawyers are ready to assist you in drafting any legal document that suits your situation. For more information, please contact a Lawyer/Lawyer by phone; +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
To the director of LLP "A..." V. L/ SKO, Petropavlovsk, ul. P..., 73
response to a claim for damages.
Based on the results of familiarization with the claim of LLP "..." for damages and the materials of the administrative case of IP "G.K.E." comes to the following conclusion. IP "G.K.E.", after reviewing the claim, refuses to compensate for damage, as the LLP does not consider itself guilty of causing damage to property. According to Part 2 of Article 917 of the Civil Procedure Code of the Republic of Kazakhstan, "The person who caused harm is exempt from compensation if he proves that the harm was caused through no fault of his own." According to the Lease Agreement No. 12-2020 concluded between IP "G.K.E." and LLP "Avto-Parus" dated 02.12.2020 and Additional Agreement No. 3, LLP "Avto-Parus" received possession and use of the basement at the address: Almaty, Prospekt R., 103. According to clause 4.2.1 of the Lease Agreement, the Tenant, i.e. A. LLP is responsible for compliance ... safety of its personnel, fire safety..." According to clause 4.3.1 of the Lease Agreement, the Lessee, i.e. A. LLP, undertakes to "observe safety and fire safety". According to clause 6.3. of the Lease Agreement, the Lessor, i.e. IP "G. K.E." is not responsible for the Tenant's property.
Response to a claim for damages
According to clause 3.2.6 of the Lease Agreement, the Lessor, i.e. IP "G. K.E." is responsible for the safety of the Tenant's property only from 6 p.m. to 8 p.m. (the time of the Tenant's absence from his workplace). The fire occurred in the time period from 14.00 hours to 14.30 hours on 09/16/2022, According to the statement of the director of LLP "A ..." attached to the materials of the administrative case against IP "G.K.E"A." LLP has not informed the body of inquiry about the amount of damage caused, and requests that no action be taken against anyone. LLP "A." was not recognized as a victim in the administrative case. LLP "A." did not provide the body of inquiry with documents confirming the amount of damage caused. A forensic commodity examination, which would have made it possible to draw a conclusion about the assessment of the damage caused in the case, was not appointed. According to the Protocol on Administrative Offense No. 227512090000146 dated 09/27/2022, there is no information about damage to any property, including the property of A. LLP and the amount of damage caused in the protocol. Thus, the preparation of a protocol on an administrative offense is not evidence of damage to LLP "A." in the amount of 3,500,000 tenge. The property of LLP "A.", which was damaged as a result of the fire, was not entrusted to IP "G.K.E." for responsible storage, thus IP "G.K.E." does not bear any material responsibility for the damage caused. The property was located in a place not intended for this purpose, and there were no grounds for its location on the roof of the trailer due to Law or other civil law transaction.
According to paragraph 27 of the Order of the Prosecutor General of the Republic of Kazakhstan dated 09/19/2014 No. 89 "On approval of the Rules for receiving and registering applications, reports or reports on criminal offenses, as well as maintaining a Unified register of pre–trial investigations": "A public place is a specially equipped common area within or outside cities and towns intended for use by the population, as well as holding mass events, services and recreation for citizens. Public places include: 1) educational and recreational organizations; 2) healthcare organizations; 3) catering facilities; 4) cinemas, theaters, circuses, concert, viewing and exhibition halls, sports arenas and other indoor facilities intended for mass recreation, including nightclubs and discos; 5) museums, libraries and lecture halls; 6) local and long-distance trains, aircraft, sea and river transport, salons of urban and intercity buses, minibuses and urban electric transport; 7) buildings of airports, railway, automobile and water stations, platforms of railway stations and subways; 8) premises of state bodies and organizations that do not use access control; 9) premises that are workplaces at facilities with access control used by workers' collectives to work in cases of hooliganism; 10) entrances to houses." Thus, the roof of the trailer on which the property of LLP "A." was located is not a place of common use, therefore, having placed its property on it, LLP "A." was solely responsible for the safety of the property, should have provided for all measures to avoid causing damage to the property belonging to LLP.
Response to a claim for damages
11/25/2022 IP "G.K.E."
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.
Attorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office Court Cases
