Sample Application for reinstatement of the time limit for filing a complaint
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To the Bostandyk District Court of Almaty
To the judge _____________________
Republic of Kazakhstan, Almaty, 050043,
Orbita 2- residential district, 20 A.
The applicant: _____________________
IIN _____________________.
address: _____________________
Representative by proxy:
Sarzhanov Galymzhan Turlybekovich
IIN: 850722301036.
Almaty, Medeu district,050002, ave.
Zhibek Zholy, 50, office 202, Business center Block.
info@zakonpravo.kz / www.zakonpravo.kz
+ 7 (708) 578 57 58.
Defendant: Private bailiff
Executive district of Almaty city
_____________________
IIN _____________________,
Republic of Kazakhstan, _____________________.
tel.: +7 _____________________, +7 _____________________.
A third party who does not declare independent
Requirements: JSC "_____________________"
BIN _____________________
Republic of Kazakhstan, 050059, Almaty,
The petition
on the restoration of the time limit for filing an appeal
In your case, a civil case was previously considered № _____________________, according to the complaint _____________________ on the actions of a Private bailiff Executive district of Almaty city _____________________. In this civil case, you, on December __, 20__, in the premises of the Bostandyk District Court of Almaty, under your chairmanship, with the participation of representatives of the parties to the civil litigation, a civil case was considered in open court using audio and video recordings. You have decided to satisfy the complaint. _____________________ on the actions of a private bailiff of the executive district of Almaty city _____________________ – refuse.
Sample Application for reinstatement of the time limit for filing a complaint
Your decision was published on the official Internet resource of the Supreme Court of the Republic of Kazakhstan on January __, 20__. Until __ February 20__, we considered the court's decisions to be very fair, since in the court's decision the court stated that there was no question of the sale of mortgaged real estate and the CSI did not accept the assessment. However, on __ February 20, we received a letter from the judge's secretary in the Bostandyk District Court of Almaty _____________________, a copy of the Recoverer's Statement of Claim for foreclosure on the mortgaged property in court and the hearing on the case is scheduled for __.02.20__ at 12:30 p.m. Article 123. CPC RK "The end of the procedural terms" is stipulated:
The term, calculated in years, expires on the corresponding month and date of the last year of the term.
The term, calculated in months, expires in the corresponding last month of the term. If the end of the period calculated in months falls on a month that does not have a corresponding date, the period expires on the last day of that month.
The period, calculated in days, expires on the last day of the established period.
In cases where the last day of the term falls on a non-working day, the day of the end of the term, calculated in years, months and days, is considered to be the next working day.
A procedural action for which a deadline has been set may be performed up to twenty-four hours on the last day of the deadline. If the complaint, documents, or sums of money were deposited by post, telegraph, or other means of communication before twenty-four hours on the last day of the deadline, the deadline is not considered missed.
If the procedural action is to be performed directly in court, the time limit expires at the hour when work ends in court according to the established rules of internal regulations.
The procedure for calculating the procedural time limits provided for in this article also applies to electronic documents submitted to the court.
According to paragraph 5, art. 403, of the CPC RK, appeals and the prosecutor's petition are filed through the court that issued the decision. The complaint, the petition of the prosecutor, received directly by the appellate instance, are subject to referral to the court that issued the decision in order to comply with the requirements of part two of this Article and Article 405 of this Code. The issue of restoring the time limit for filing an appeal or filing an appeal by a prosecutor is considered by the court of first instance in accordance with the procedure provided for in Article 126 of this Code. The time limits established by this Code may be restored by the court if they are missed for reasons recognized by the court as valid. The court is obliged to restore the missed deadline specified in the second part of this article for appealing judicial acts, bringing petitions or protests by the prosecutor in case of violation of the law by the court or judicial acts limiting the possibility of a participant in the process to protect their rights and legitimate interests (late sending of a copy of the judicial act to a person participating in the case; ignorance of the language of legal proceedings, if the judicial act has not been translated into a language that the person speaks; incorrect registration of succession), as well as in the presence of other circumstances that prevented timely filing a complaint, bringing a petition or protest to the prosecutor. An application for restoration of the missed procedural period is submitted to the court in which the procedural action was to be performed, no later than one month from the day when the applicant became aware of the violation of his rights or legitimate interests.
Sample Application for reinstatement of the time limit for filing a complaint
By virtue of Article 13 of the Constitution of the Republic of Kazakhstan, everyone has the right to defend their violated or disputed rights, freedoms or legally protected interests. In accordance with Article 8 of the CPC, everyone has the right to apply to the court for protection of violated or disputed constitutional rights, freedoms or protected interests. In accordance with Article 15 of the Civil Procedure Code of the Republic of Kazakhstan, the parties choose their position, ways and means of defending it independently and independently of the court, other bodies and persons during civil proceedings. The Universal Declaration of Human Rights (articles 7, 8 and 10), the International Covenant on Civil and Political Rights (article 14) and the Convention for the Protection of Human Rights and Fundamental Freedoms (article 6) establish that everyone is equal before the law and the courts and that everyone has the right to a fair trial in determining their civil rights and duties. and the public hearing of the case within a reasonable time by a competent, independent and impartial court established by law.
Sample Application for reinstatement of the time limit for filing a complaint
Based on the above and guided by art. 126 of the CPC RK,
I ask the Court:
To restore the procedural deadline for filing an Appeal against the decision of the Bostandyk District Court of Almaty dated __ December 20__.
With respect,
Representative by proxy
______________/ Sarzhanov G.T
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.
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