Sample form for filling out a private complaint against a court ruling
To the Judicial Board of Appeal
on civil and administrative matters
Almaty City Court
legal address: g. 66 Kazybek Bi str., Almaty.
Email address: 0201@sud.kz
Postal code: 050000
From: ___________
IIN: _______________
_________________
IIN: _______________
_________________
Address: Almaty, _____________
Phone: 8 707___________
Representative by proxy:
Sarzhanov Galymzhan Turlybekovich
Address: Almaty, st. Zhibek Zholy, 50, office 202.,
Law and Law Law Firm
Phone: 8 707 578 57 58
PRIVATE COMPLAINT
on the court's ruling
"28" September 201_g. The Bostandyk District Court issued a ruling on a civil case filed by the plaintiff of JSC "___________" to the defendants ___________, ___________, _______________ about debt collection.
Sample form for filling out a private complaint against a court ruling
Earlier, by an absentee decision of the Bostandyk District Court of Almaty dated May 25, 201_, the plaintiff's claims were satisfied. Disagreeing with the above-mentioned absentee court decision, the defendant filed an application for its cancellation. The trial was scheduled for September 28, 201_, but the defendant fell ill, her blood pressure rose, she called the court, reported her illness and asked not to consider the application without her presence, and postponed the trial to a later date, however, despite her message, the judge of the Bostandyk District Court G. Almaty issued a ruling in which the defendant was denied the satisfaction of the application for the cancellation of the absentee decision. Motivated by the fact that,
Court notices were sent to the addresses indicated by the defendant in the case file, as indicated by notices sent through the judicial office and SMS notifications, which indicates that the defendant was properly notified of the time and place of the court session.
About the court's decision in absentia to the defendant ________________ it became known on September 10, 201_, which is confirmed by her signature, and the application for cancellation of the absentee decision was filed with the court only on September 21, 201_, after 10 days.
The defendant ___________ She did not appear at the court hearing, explained by telephone that she was ill and did not object to the consideration of her application in her absence.
I believe that this ruling is subject to cancellation due to a significant violation by the court of first instance of the norms of procedural and substantive law. 129 of the CPC RK, persons participating in the case, as well as witnesses, experts, specialists and translators, are notified or summoned to court by registered mail with a notice of delivery, a court summons with a notice of delivery, a telephone message or telegram, by fax or using other means of communication and delivery that ensure the recording of the court notice or a call and its delivery to the addressee. A court summons is one of the forms of court notices and summonses.
The persons participating in the case are notified by court summonses of the time and place of the court session or the commission of certain procedural actions. Copies of the procedural documents are sent to the person involved in the case along with the notification in the form of a court summons or a registered letter. Judicial summonses are also used to summon witnesses, experts, specialists and interpreters to court. Court notices and summonses must be served to the persons involved in the case in such a way that the said persons have sufficient time to prepare for the case and appear in court on time. A court notice addressed to a person participating in the case is sent to the address indicated by the person participating in the case or his representative.
If a citizen does not actually live at the specified address, a notification may be sent to his place of work. In my opinion, all court summonses were sent to the address of Almaty, ul. ___________________, however, the Bank was not notified of my actual place of residence, at: __________________, it is also currently unknown to which subscriber number the SMS notification was sent through the judicial office of the Supreme Court, as so far I have not received any SMS messages from the court.
The defendant learned about the existing court proceedings, as well as about the decision that took place, after receiving a copy of the decision in absentia from the bailiff, as stated in the ruling. In accordance with paragraph 5 of Article 129 of the CPC RK, proper notification of a party is a notification received by one of the adult family members of the party residing at the specified address, sent by registered mail with a notification of its delivery, a telephone message or telegram, as well as a report confirming the delivery of a text message to a cellular subscriber number, ensuring the recording of the notification or call, if the party does not prove that the notification has not been received or was received later.
In accordance with Articles 75-78 of the Constitution of the Republic of Kazakhstan, everyone has the right to be heard in court; Courts do not have the right to apply laws and other normative legal acts that infringe on human and civil rights and freedoms enshrined in the Constitution.
If the court finds that a law or other regulatory legal act to be applied infringes on the rights and freedoms of a person and citizen enshrined in the Constitution, it is obliged to suspend the proceedings and apply to the Constitutional Council with a motion declaring this act unconstitutional., and Article 15 of the Civil Procedure Code of the Republic of Kazakhstan, civil proceedings are conducted on the basis of competition and equality of the parties, which can be fully implemented only if each of the persons involved is provided
Attention!
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